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Home My WebLink About000257 Original ContractSERVICE CONTRACT PUBLIC EDUCATION AND OUTREACH SERVICES BY FEIRO MARINE LIFE CENTER City of Port Angeles Record #000257 THIS AGREEMENT is made and entered into this day of Dece.berr 2011, between the City of Port Angeles (hereinafter called the "City and Feiro Marine Life Center, 501C-Non Profit Corporation (hereinafter called "Feiro The City and Feiro, in consideration of the performance of the terms and conditions hereinafter mentioned, agree as follows: ARTICLE I CONTRACT DOCUMENTS The Contract consists of the attached Exhibit A Scope of Services, Exhibit B Agreed Pricing, Exhibit C Project Schedule and this Service Contract. All obligations of the City and Feiro are fully set forth and described herein. In the event of a discrepancy between any of the Contract Documents, as above defined, the City shall make written interpretation thereof, which interpretation shall govern. ARTICLE II SERVICES Feiro agrees to provide all labor, equipment, supplies and materials to provide public education and outreach on combined sewer overflows as outlined in Exhibit A. CSO Education Outreach, 2011 -2012 ARTICLE III CONTRACT PRICE As complete and exclusive consideration for all services to be performed by Feiro, the City shall make payments to Feiro in accordance with Exhibit B, Proposed Pricing. In any event, Feiro agrees to provide all work and services for a total compensation not to exceed $8,903.00 without written amendment to this Contract. Feiro shall submit quarterly invoices. Invoices will be paid on the percentage of Contract completion. ARTICLE IV TERM This Contract shall become effective upon execution by both parties, and continue to December 31, 2012, at which date the Agreement will terminate. Page 1 of 5 ARTICLE V ASSIGNMENT Feiro shall not assign any of its responsibility under this Contract without the express written consent of the City. ARTICLE VI APPLICABLE LAW AND VENUE This Contract shall be governed by, and construed in accordance with, the applicable laws of the State of Washington. Any legal proceedings to determine the rights and obligations of the parties hereunder shall be brought and heard in Clallam County CSO Education Outreach, 2011 -2012 ARTICLE VII INDEPENDENT CONTRACTOR STATUS The relation created by this Contract is that of owner independent contractor. Neither Feiro nor its employees are employees of the City and are not entitled to the benefits provided by the City to its employees. Feiro, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided. Feiro shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. ARTICLE VIII INSURANCE REQUIREMENTS Feiro shall procure and maintain for the duration of the Service Contract, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Feiro, their agents, representatives, employees or subcontractors. Failure by Feiro to maintain the insurance as required shall constitute a material breach of contract upon which the City may, after giving five working days notice to Feiro to correct the breach, immediately terminate the Service Contract or at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, off set against funds due Feiro for the City. A. Minimum Scope of Insurance Feiro shall obtain insurance of the types described below: i. Commercial General Liability insurance shall be written on ISO Page 2 of 5 occurrence for CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Insurance of liability arising form explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. B. Minimum Amounts of Insurance Feiro shall maintain the following insurance limits: i. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance. i. Feiro's insurance coverage shall be primary insurance as respect to the City. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be in excess of Feiro's insurance and shall not contribute with it. ii. In the event that Feiro's insurance is cancelled or reduced as to coverage, Feiro shall notify the City within two (2) business days of such cancellation or reduction. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage CSO Education Outreach, 2011 -2012 Page 3 of 5 1. Feiro shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Commercial General Liability insurance of Feiro before commencement of work. ARTICLE IX NONDISCRIMINATION During the performance of this Contract, the parties shall conduct their business in a manner which assures fair, equal and nondiscriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. 2. The parties will comply strictly with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above stated minority status. ARTICLE IX TERMINATION OF CONTRACT In the event that any of the provisions of this Contract are violated by Feiro or by Feiro's subcontractors, the City may serve written notice of intention to terminate such Contract upon Feiro, which notice shall specify the reasons therefore. Unless within thirty (30) days after serving such notice upon Feiro such violation shall cease and an arrangement for the correction thereof satisfactory to the City be made, the Contract shall, upon the expiration of the said thirty (30) days, cease and terminate. In the event of any such termination, the City may purchase the materials necessary for complete performance of this Contract, and Feiro shall be liable to the City for any excess cost thereby. ARTICLE X SEVERABILITY If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or CSO Education Outreach, 2011 -2012 Page 4 of 5 application. To this end the terms and conditions of this Contract are declared severable. ttA Dated: CSO Education Outreach, 2011 -2012 ARTICLE XI WAIVER Waiver of any breach of any term or condition of this Contract shall not be deemed a waiver of any prior or subsequent breach, no term or condition of this Contract shall be held to be waived, modified, or deleted except by a written instrument signed by the parties hereto. FEIRO MARINE LIFE CENTER CITY OF PORT ANGELES By: PAINotAN AOrt/u By: 3"*--7.....•- Ty Manager Title: o� ltf l G Page 5 of 5 Dated: 42/9 I AP nni i" w on, L ss'stant City Attorney ATTEST: OVED TO FORM: Hurd, City Clerk Service Contract Exhibit A Public Education and Outreach Services By Feiro Marine Life Center Project Name: Get to Know Your CSO Protect the Health of our Nearshore Environment Project Description: CSO discharges during heavy storms cause serious water pollution problems in the Port Angeles Harbor and to its nearshore environment. Pollutants from CSO discharges can include bacteria and other pathogens, toxic chemicals, and debris. These pollutants have harmful effects on the marine species living in the nearshore and in the Feiro Marine Life Center. These pollutants are also harmful to humans and often can cause the closure of beaches and Feiro "touch tanks" during the busy summer seasons. FMLC will provide educational opportunities to the general public, and to visitors to Feiro Marine Life Center, to help people understand the effects of a CSO event and how, when, why and what cities, and especially the City of Port Angeles, are doing to remedy the situation. Scope of Services may include: Stop the Flow of the CSO brochure development Website information: CSO and how it affects our marine life /nearshore Lecture series: What is a CSO and how does it affect our marine life /nearshore Outdoor signs explaining current work with City relating CSO to nearshore Senior Culminating Project with local high schools Service Project with local high schools Scuba View Video playing at FMLC and other venues including a presentation to the City Council Student displays in FMLC classroom Booths at area festivals Promote low impact development including possible rain garden or bio -swale demonstration Promote behavior change in issues related to stormwater awareness including, but not limited to, washing your car at a car wash or on the lawn, picking up after your pets, using lawn and garden fertilizers sparingly, and disposing of oils paints and other chemicals at a hazardous waste facility Skroicie Contiiact Public Education and Outreach Services By Feiro Marine Life Center Cost Estimates: Get to Know Your CSO Program Costs Amount Administrative (-70 hrs @$21/hr) $1,470.00 Education (-250 hrs @$15/hr) $3,750.00 Fringe Benefits @10 $522.00 Supplies/Printing etc. $2,000.00 Indirect costs (@15%) $1,161.00 Total Program Costs $8,903.00 Feiro shall submit quarterly invoices. Invoices will be paid on the percentage of Contract completion. 'Service Contract Exhibit C Public Education and Outreach Services By Feiro Marine Life Center Estimated Project Schedule: Get to Know Your CSO 12/2011 12/2012 12/2011 02/2012 03/2012 06/2012 09/2012 12/2012 02/2012 09/2012 02/2012 06/2012 04/2012 or 05/2012 12/2011 12/2012 Promote behavior changes with continuous education programs Develop brochure and web messaging Work with interested students with their SCPs Spring Work with interested students with their SCPs Fall Participate in local festivals as suitable for education Present What is a CSO and how does it affect our marine life /nearshore for FMLC's lecture series Present CSO education and Scuba View to City Council Work with the City of PA to provide updated signage at CSO related worksites around the City Project Title: GET TO KNOW YOUR CSO Protect the health of our nearshore environment Goal: Increase citizen understanding of the affect of CSO events on the nearshore environment Resources Participants: Students and all visitors to FMLC, community members Staff: 2 trained staff, 2 -3 volunteers Chaperones: Teachers and parents Facilities: Feiro Marine Life Center, area schools Funding: City of Port Angeles Collaboration: Puget Sound Partnership's ECO -Net, City of Port Angeles, Stream Keepers, Department of Ecology, Natural Resource Center, Beach Watchers, community citizens Equipment: CSO resource information, curricula materials Activities and Outputs Short -term Outcomes Mid -term Outcomes Long -term Outcomes Stop the Flow of the CSO brochure development Website information: CSO and how it affects our marine life /nearshore Lecture series: What is a CSO and how does it affect our marine life /nearshore Outdoor signs explaining current work with City relating CSO to nearshore "Edgy" CSO posters from King County ECO -Net in bars/ restaurant bathrooms around Port Angeles Senior Culminating Project with local high schools Service Project with local high schools Scuba View Video playing at FMLC and other venues Student displays in FMLC classroom Booths at area festivals Citizens learn about CSOs and how they affect the marine environment Citizens gain knowledge in the history of sewage treatment Citizens understand the laws and legislation leading up to the CSO project determination Citizens learn different approaches to addressing CSOs Citizens learn how, when, and why the City of Port Angeles is addressing our local CSO issue Citizens learn how their choices affect the natural environment Citizens share their new knowledge of CSOs and the marine environment with family and friends Citizens share their concern of environmental issues with family and friends Citizens value the connectivity of science and policy Citizens visit FMLC with families and friends Citizens appreciate how humans affect the ocean and how the ocean affects them Citizens support wise building and development practices in the area Citizens have a greater appreciation for a cleaner city and harbor upon completion of CSO project Evaluation: GET TO KNOW YOUR CSO Protect the health of our nearshore environment Objectives I Indicators 80% of participants attending lecture correctly and of students who know and answer define a CSO and a CSO event question correctly 50% of teachers contacted become involved in and of groups involved in CSO education CSO projects through FMLC. (SCP, Science Club, NRC, Service Projects) FMLC volunteers and staff sponsor displays including CSO information at no fewer than three community events annually City of Port Angeles is able to complete the CSO project with less community opposition project CSOs provide correct responses to questions of event participation of contacts at event of citizen complaints in regard to city CSO City records Data Collection Plan Post survey of participants Student /group numbers Event numbers Individual contact numbers Over 50% of citizens completing a survey on and of citizens surveyed answer correctly Survey monkey through City of Port Angeles site